Applying for AOS (title changed to reflect merged topics)

[88888888 0]

Hello Visa Journey members,

I am writing a topic question to get answers for the following question I have about my spouse staying here in the USA.

I am from USA and my spouse is from Canada

My girlfriend and I got married recently on a spare of the moment decision and want to file for K3 Visa immediately. She wants to move here and live in USA, however, she and we do not want to take the route where we are apart, nor would we ever want to be apart, and I know already that USA by law says that a visitor from Canada has only 6 months maximum time to visit before they have to return and that the K3 can take up to 10 months to approve.

So my question is this, Will my spouse from Canada be able to stay here in USA for more than 6 months during the whole process of obtaining the K3?

And also, is there more to it than just the K3 we must do to have her a permanent resident?

And lastly, if by any chance the answer to the question above about her being able to stay here for more than 6 months, is it possible that she can leave in 6 months time and simply get another ticket and come back within 24 hours the next day?

As much details as possible will be greatly appreciated in your answers.

Thank you for reading and taking time out of your day to answer my questions regarding this topic.

[Jojo92122 1,924]

Hello Visa Journey members,

I am writing a topic question to get answers for the following question I have about my spouse staying here in the USA.

I am from USA and my spouse is from Canada

My girlfriend and I got married recently on a spare of the moment decision and want to file for K3 Visa immediately. She wants to move here and live in USA, however, she and we do not want to take the route where we are apart, nor would we ever want to be apart, and I know already that USA by law says that a visitor from Canada has only 6 months maximum time to visit before they have to return and that the K3 can take up to 10 months to approve.

So my question is this, Will my spouse from Canada be able to stay here in USA for more than 6 months during the whole process of obtaining the K3? No, there is no way for her to stay the entire process if you intend to pursue the K-3 visa. The limit of her permitted stay in the US is six months on any one visit. She must leave the US. She can attempt to reenter for an additional six months. However, there is a good chance she will be denied entry back into the US because of the K3 filing.

And also, is there more to it than just the K3 we must do to have her a permanent resident? You have three choices; CR-1, K-3, or Adjustment of Status.

Choice 1: The CR-1 route takes about six months to a year, and permanent residency is automatic when a person enters on a CR-1 visa.

Choice 2: The K-3 route also takes about six months to a year, and permanent residency must be applied for (time & money wasted). The reason for the K-3 is that the CR-1 route was much longer years ago. Since it doesn't take longer for the CR-1 route now than it does for the K-3, the K-3 route is pretty obsolete and rarely used.

Choice 3: The Adjustment of Status. You and your wife can file the I-130 and I-485. This will allow her to stay in the US during the duration of the process. Your wife may asked if she had the intent to immigrate to the US when she entered. It is illegal to enter the US on a visa waiver (Canadians under NAFTA) with the intent to adjust status. However, it is okay to adjust status if your wife entered the US without the intent to immigrate at that time. So, the intent to immigrate upon entry is the key. How does USCIS look at intent when it's all in your wife's head??? USCIS will look at her circumstances at the time she entered; does it look like she was intending on moving - quit a job, end a lease, sell a home, tell others she was moving, close bank accounts, etc.

And lastly, if by any chance the answer to the question above about her being able to stay here for more than 6 months, is it possible that she can leave in 6 months time and simply get another ticket and come back within 24 hours the next day? Possible, but she could be denied entry. It all depends on what is asked and how she answers. There is no guarantee for admission to the US.

As much details as possible will be greatly appreciated in your answers.

Thank you for reading and taking time out of your day to answer my questions regarding this topic.

[Harpa Timsah 13,258]

Is your wife in the US now? Then she can stay and Adjust Status which gets her permanent residency (a greencard).

[88888888 0]

Jojo92122,

Thank you for that information, and from what i have learned from it, I am now deciding that the 3rd choice of AOS would be the best choice for me and her.

Though, I was wondering too if you could just clarify for me what the difference between the K3 and Adjustment Of Status is?

[hikergirl 277]

Check out the guides. They give you an explanation as to what each Visa type is: http://www.visajourney.com/content/guides.

[Harpa Timsah 13,258]

A visa, like K3, is for entering a country. There is no long-term visa for spouses of US Citizens (you may know people who are here on a student visa, for instance - no such thing exists for long term for spouses of USCs). What is available to spouses of USCs is even better - permanent residency (a greencard). If she is already here, then she doesn't need a visa. AOS is to get a Greencard and permanent residency for her. Check out the forums below for Adjustment of Status. Keep in mind that she cannot travel internationally until she gets a temporary travel permission, called Advance Parole.

[88888888 0]

Hello members of Visa Journey,

I am from USA and my spouse from Canada and we just got married on a spare of the moment decision and now want to file for AOS (adjustment of status) for her to become a permanent resident.

My question is this,

Does Income matter in this process we have chosen? Do I need to have a full time job and a certain amount of money per year income?

And also, if I do need a certain amount of income and it does matter, can I have a family member such as my mother for example sponsor her instead if I do not meet the income requirement?

As much details as possible would be grealy apreciated and thank you for taking time out of your day to read and answer this question I have asked

[hikergirl 277]

Hello members of Visa Journey,

I am from USA and my spouse from Canada and we just got married on a spare of the moment decision and now want to file for AOS (adjustment of status) for her to become a permanent resident.

My question is this,

Does Income matter in this process we have chosen? Do I need to have a full time job and a certain amount of money per year income?

And also, if I do need a certain amount of income and it does matter, can I have a family member such as my mother for example sponsor her instead if I do not meet the income requirement?

As much details as possible would be grealy apreciated and thank you for taking time out of your day to read and answer this question I have asked

Here is a link to the guide for AOS: http://www.visajourney.com/content/i130guide2

The Affidavit of Support is required in the I-485 package. The guide will tell you what you need to know with regards to paperwork, proof, income, etc. Please take the time to read it. It will greatly help you in the process.

[Leatherneck 693]

Hello members of Visa Journey,

I am from USA and my spouse from Canada and we just got married on a spare of the moment decision and now want to file for AOS (adjustment of status) for her to become a permanent resident.

It has been done, but you open up to some potential risk also. What is her current status? There are lots of threads about this very question you ask.

My question is this,

Does Income matter in this process we have chosen? Do I need to have a full time job and a certain amount of money per year income?

Yes income matters, you must make 125% of the 2011 Federal Poverty Guideline found on the I-864P. For a family of 2, that would be $18,347. Here is the link to USCIS, you can read it yourself.

http://www.uscis.gov/files/form/i-864p.pdf

And also, if I do need a certain amount of income and it does matter, can I have a family member such as my mother for example sponsor her instead if I do not meet the income requirement?

As much details as possible would be grealy apreciated and thank you for taking time out of your day to read and answer this question I have asked

[Jojo92122 1,924]

Jojo92122,

Thank you for that information, and from what i have learned from it, I am now deciding that the 3rd choice of AOS would be the best choice for me and her.

Though, I was wondering too if you could just clarify for me what the difference between the K3 and Adjustment Of Status is?

A K-3 visa if for a foreign spouse of a US citizen to enter the US. Once in the US, the K-3 must file for an adjustment of status to a legal permanent resident (LPR or green card holder) in order to live and remain in the US. So it's two separate but related processes.

People like your wife who are already in the US do not need visas to enter the US because they are already here. Your wife needs to adjust her status to legal permanent resident.

[88888888 0]

Hello Visa Journey members,

I am writing tonight to ask about a form i saw I needed in the requirements for the I-485

I am from USA and my spouse from Canada and we got married spare of the moment decision during her last visit, and she and I are going the AOS route for her to become a permanent resident. we are in our early 20's and very confused through all of this

But my question is,

what is this form I-94? and do we eveen need it in the route of adjustment of status?

and for the record, i apologize if this is in the wrong place, i would think it is, but if not, my apologies

but yea, as much details and knowledge in all of this in your answers would be greatly apreciated. i have looked at the sample forms section and did not see it listed and having trouble finding out info on my own, so as much help and explaining as possible will be great. and thank you for taking the time to read and answer

[canadian_wife 1,791]

Unless there were unusual circumstances, Canadians are not issued an I-94, simply put N/A in that blank and move on

Good luck

[88888888 0]

Unless there were unusual circumstances, Canadians are not issued an I-94, simply put N/A in that blank and move on

Good luck

oh wow, really? Canadians don't even need it?

but can you list for examples what unusual circumstances would be? just so I have my knowledge of what they are so I am betterly prepared

[Inky 1,110]

I-94 has nothing to do with DCF. Watch where you are posting.

She would get one if they stopped her and put her in secondary for questioning because they thought she wasnt going to return to canada.

[missicy 87]

If she never left after the marriage and is still in the US then you can just do Adjustment of Status. She doesn't have to leave and is actually not supposed to (unless she applies for Advance Parole).

If she left after the marriage then you should do CR-1 (even if she came back and is in the US now).